Tuesday, July 16, 2013

Another clear case of self-defense?

From the Associated Press, via the Times, "Wisconsin: Trial Begins for White Man in Killing of a Black Teenager" (my emphasis):

Fourteen jurors have been selected to hear the case of a 76-year-old
white Milwaukee man charged with first-degree homicide in the killing of
an unarmed 13-year-old black boy last year. The man, John Henry
Spooner (above), is accused of killing a neighbor, Darius Simmons, on a sidewalk
near their homes. Prosecutors say Mr. Spooner accused the teenager of
breaking into his home and stealing guns. When he denied the thefts, Mr.
Spooner shot him in the chest from five feet away, then shot him again
as he tried to run. Mr. Spooner’s lawyer says he will argue that his
client did not intend to kill. The jury pool contained four black
people, but the defense removed three of them. The prosecutor, Mark
Williams, told the judge he wants to take up the issue on Tuesday.

I wonder if Mr. Spooner feared "great
bodily harm or death" when he pulled out his gun. Or will he invoke the Wisconsin version of Stand Your Ground:

In general, a person who uses force in self-defense or in the defense of
another person may not be convicted of a crime stemming from that use
of force. This law applies only when: 1) the amount of force used is
reasonable; and 2) the person uses that force to prevent or stop what he
or she reasonably believes is an unlawful interference with himself or
herself or another person, such as the crime of battery. Current law
specifies that a person may use force that is intended or likely to
cause the death of or great bodily harm to another individual only if
the person reasonably believes that using such force is necessary to
prevent the imminent death of or great bodily harm to himself or herself
or another person.

Could you really say for sure, beyond a reasonable doubt, that Mr. Spooner didn't fear for his safety?